SPHR Case Laws and Acts
Labor-Management Reporting and Disclosure Act AKA- Landrum -Griffin
1959 (Ed Norton playing James Madison writing Bill of Rights in old Congress / Peter Griffin as colonial signing constitution) Anticorruption. Controlled internal union operations; provided bill of rights for union members; required majority vote of members to increase dues; allowed members to sue the union; set term limits for union members
Petermann v International Brotherhood of Teamsters
1959 (Ed Norton tag-team J. Peterman v Teamsters) Employment at-will public policy exception 4 areas: refuse to break the law, whistle-blowers, cooperate in government investigation, attending jury duty or filing workers' comp claim
Equal Pay Act
1963 (Santa Claus paying all elves same) Required the employees performing substantially similar or identical work be paid the same wage or salary
Title VII of the Civil Rights Act
1964 (Sammy Davis applying for job) Established EEOC; prohibited employment discrimination on the basis of race, color, religion, national origin, or sex
Executive Order 11246
1965 (Sam Eliott from Tombstone protesting AAP at Cotton Gin) Prohibited employment discrimination of the basis of race, creed, color, or national origin; required affirmative action steps for all terms and conditions of employment; required a written AAP for contractors with 50 employees
Service Contract Act
1965 (Sheena Easton's man takes morning train to work 9-5 where prevailing wage is higher) Required government contractors to pay prevailing wages and benefits.
Immigration and Nationality Act
1965 (Shirley Eaton painted gold barred from immigrating from Goldfinger Island) Eliminated national origin, race, and ancestry as bars to immigration; set immigration goals for reunifying families and preference for specialized skills
Age Discrimination in Employment Act
1967 (elderly sarah michelle gellar) Prohibited discrimination against persons 40 years and older; established conditions for Bona Fide Occupational Qualification exceptions
Executive Order 11375
1967 (sarah gilbert as darlene from rosanne barred from football team) Added sex to protected classes in Executive Order 11246
Consumer Credit Protection Act
1968 (Sammy Hagar getting wages garnished for baby mama support) Limited garnishment amounts on employee wages; prohibited discharge of employees for a single garnishment order
Black Lung Benefits Act
1969 (Steve Nash mining coal) Provided benefits for coal miners suffering from pneumoconiosis due to mine work
Executive Order 11478
1969 (old wheelchaired Steve Nash still playing basketball) Included disabled individuals and those 40 years of age or older in protected classes established by Executive Order 11246
Occupational Safety and Health Act
1970 (Georgia O'Keefe orchid at OSH nursery) Required employers to provide a safe workplace and comply with safety and health standards; established OSHA to enforce safety regulations; established NIOSH to research, evaluate, and recommend hazard reduction measures
Texas Department of Community Affairs v. Burdine
1981 (Hank Azaria), employers aren't required to prove nondiscrimination for employment action but must explain nondiscriminatory reasons for action
Johnson v. Santa Clara County
1987 (Heather Graham) plaintiff has burden to prove prima facie discrimination. AAP (a) flexible & temporary (b) correcting imbalance (c) moderate & case-by-case
School Board of Nassau vs Arline
1987 (Hermione Granger) Court ruled that persons with contagious diseases could be covered by the Rehabilitation Act.
Longshore and Harbor Workers' Compensation Act
1927 (Barry Gibb cuts hand on boat) Provided worker compensation benefits for maritime workers injured on navigable waters of the United States or on piers, docks, and terminals
Norris-La Guardia Act
1932 (Charlie Brown walking Odie the drug sniffing dog at la Guardia airport) Protected right to organize; outlawed yellow dog contracts (forbidding unionization)
National Labor Relations Act
1935 (Clint Eastwood protecting western union armored car) Protected the right of workers to organize and bargain collectively; identified unfair labor practices; established the NLRB. AKA - Wagner Act
Public Contracts Act
1936 (Claudia Schiffer asking what the appropriate tip is abroad) Required contracts to pay prevailing wage rates. AKA - Walsh-Healey Act
Fair Labor Standards Act
1938 (Charlton Heston working minimum wage for Apes) Defined exempt and nonexempt employees; required and set the minimum wage to be paid to nonexempt workers; required time-and-a-half to be paid for nonexempt overtime hours; limited hours and type of work for children; established record-keeping requirements
Portal-to-Portal Act
1947 (Dizzy Gillespie ending set when paid time is up) Clarified definition of 'hours worked' for the FLSA
Patent Act
1952 (Emily Blunt as scientist having 'eureka' moment. "Better get this patented") Established the US Patent and Trademark Office
Martin v. Wilks
1989 (Hiro Nakamura) Despite the racial overtones of the case and the sensitive public issues of civil rights andaffirmative action, the core dispute of the case is one regarding proper procedure. The Court argued that the white firefighters should have been joined as parties to the original proceeding under the Federal Rules of Civil Procedure Rule 19(a). AAP must be union (BFA) approved.
E. I. Dupont & Company vs NLRB
1993 (Nat King Cole) Board concluded that the six safety committees and fitness committee were employer-dominated labor organizations and that the company dominated the formation and administration of one of them in violation of the NLRA.
St. Mary's Honor Center vs Hicks
1993 (Nick Carter) Supreme Court ruling that Title VII plaintiffs must show that discrimination was the real reason for an employer's actions.
McKennon v. Nashville Banner Publishing Co.
1995 (Nicole Eggert 10 gallon hat daisy dukes plaid tied-up shirt fired for female inspite of inability to sing country in Nashville) after acquired evidence of employee misconduct doesn't relieve employer liability for discrimination
Circuit City Stores vs Adams
2001 (orphan Annie) Arbitration clauses in employment agreements are enforceable for employers engaged in interstate commerce except for transportation workers. Ruled that a pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.
Bates vs United Parcel Service
2006 ( OJ Simpson Getaway in UPS truck) When employers apply an unlawful standard that bars employees protected by the ADA from an application process, the employees do not need to prove there were otherwise qualified to perform the essential job functions. The employer must prove the standard is necessary to business operations.
Taylor vs Progress Energy
2007 (Ice T constricted by suit tailored so tight as unable to wave) The waiver of FMLA rights in a severance agreement is invalid. FMLA clearly states that "employees cannot waive, nor may employers induce employees to waive, any rights under the FMLA"
Repa vs Roadway Express 2007
2007 (Oscar the Grouch & Roadrunner Sipping umbrella drinks on beach) When an employee on FMLA leave is receiving employer-provided disability payments, they may not be required to use accrued sick or vacation leave during the FMLA absence
Smith vs City of Jackson, MS 2005
ADEA permits disparate impact claims for age discrimination comparable to those permitted for discrimination based on sex and race. Supreme Court held that, like Title VII, the ADEA authorizes recovery on a disparate impact theory.
Leonel vs American Airlines
Case in which Court of Appeals for the Ninth Circuit held that to issue a "real" employment offer under the ADA, an employer must have completed all non-medical components of the application process or be able to demonstrate that it could not reasonably have done so before issuing the offer.
Sutton vs United Airlines
Case in which Supreme Court ruled that a person may not have a disability if the individual's condition is controlled or corrected by medication or mitigating measures
EEOC vs Waffle House
Case in which Supreme Court ruled that even if there is a mandatory arbitration agreement in place, the relevant civil rights agency can still sue on behalf of the employee.
PepsiCo, Inc. vs Redmond
Case in which district court applied inevitable disclosure doctrine even though there was no noncompete agreement in place. An employee who had left his position in marketing to work for Quaker Oats Company and market similar products was enjoined from working for Quaker because he had detailed knowledge of his previous company's trade secrets pertaining to pricing, market strategy, and selling/delivery systems.
McDonnell Douglas Corp. vs Green
Case that established the criteria for disparate treatment discrimination.
Leggett vs First National Bank of Oregon
Court ruling that an employer had invaded an employee's privacy when a representative of the company met with a psychologist (to whom the employee had been referred by an employee assistance program) and questioned him about her condition.
Faragher vs City of Boca Raton and Ellerth vs Burlington Northern Industries
Court rulings that distinguished between supervisor harassment that results in tangible employment action and that which does not. When harassment results in tangible employment action, the employer is liable.
Executive Order 12138
Created National Women's Business Enterprise Policy; required affirmative action steps to promote and support women's business enterprises
Civil Service Reform Act 1978
Created Senior Executive Service; Merit Systems Protection Board, Office of Personnel Management, and the Federal Labor Relations Authority
Automobile Workers vs Johnson Controls, Inc 1977
Decisions about the welfare of the next generation must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents
Copyright Act 1976
Defined 'fair use' of copyrighted work; set term of copyright effectiveness
Harris vs Forklift Systems 1993
Defined actionable hostile work environment as that which falls between merely offensive and that which results in tangible psychological injury. Supreme Court ruled that in a sexual harassment case the plaintiff does not have to prove concrete psychological harm to establish a Title VII violation.
Jesperson vs Harrah's Operating Co. 2004
Dress code requiring women to wear make-up does not constitute unlawful sex discrimination under Title VII
Sista vs CDC Ixis North America 2006
Employee on FMLA leave may be legally terminated for legitimate, nondiscriminatory reasons, including violations of company policy if the reason is unrelated to the exercise of FMLA rights
Revenue Act 1978
Established Section 125 and 401(k) plans for employees
Glass Ceiling Act 1991
Established commission to determine whether a glass ceiling exists and identify barriers for women and minorities. As a result, the OFCCP conducts audits of the representation of women and minorities at all corporation levels.
Uniform Guidelines on Employee Selection Procedures 1978
Established guidelines to ensure that selection procedures be both job related and valid predictors of job success
Mine Safety and Health Act 1977
Established mandatory mine safety and health standards and created MSHA
Employee Retirement Income Security Act 1974
Established requirements for pension, retirement, and welfare benefit plans including medical, dental, hospital, AD&D, and unemployment benefits
Equal Employment Opportunity Act 1972
Established that complaintants have burden of proof for disparate impact; provided litigation authority for EEOC; extended time to file complaints
Pharakhone vs Nissan North America 2003
Established that employees who violate company rules while on FMLA leave may be terminated
Faragher vs City of Boca Raton 1998
Established that employers are responsible for employee actions and have a responsibility to control them
Burlington Industries vs Ellerth 1998
Established that employers have vicarious liability for employees victimized by supervisors with immediate or higher authority over them who create an actionable hostile work environment
Washington vs Davis 1976
Established that employment selection tools that adversely impact protected classes are lawful if they have been validated to show future success on the job. When a test procedure is challenged under constitutional law, intent to discriminate must be established; no need to establish intent if filed under Title VII, just show effects.
NLRB vs MB Sturgis 2000
Established that temporary employees may be included in the client company's bargaining unit and that consent of the employer and temp agency are not required to bargain jointly
NLRB vs J. Weingarten, Inc 1975
Established that union employees have the right to request union representation during any investigatory interview that could result in disciplinary action
Executive Order 13087 - 1998
Expanded coverage of protected classes in Executive Order 11246 to include sexual orientation
Rehabilitation Act 1973
Expanded opportunities for individuals with physical or mental disabilities and provided remedies for victims of discrimination
Oncale vs Sundowner Offshore Services 1998
Extended the definition of sexual harassment to include same-sex harassment - same-gender harassment is actionable under Title VII.
FECA
Federal Employees Compensation Act 1916 (Adam Sandler Big Daddy works as cab driver gets foot runover) Provided benefits similar to worker compensation for federal employees injured on the job
FICA
Federal Insurance Contributions Act 1935 (Carmen Electra, elderly, waiting for mail check) Required employers and employees to pay Social Security taxes. AKA - Social Security Act
FUTA
Federal Unemployment Tax Act 1936 (Chloe Sevigny unemployed on couch) Required employers to contribute a percentage of payroll to an unemployment insurance fund
Griggs vs Duke Power
First case that recognized adverse impact discrimination. Required employers to show that job requirements are related to the job; established that a lack of intention to discriminate is not a defense against claims of discrimination
Taxman vs Board of Education of Piscataway 1993
Found that in the absence of past discrimination or under representation of protected classes, preference may not be given to protected classes in making layoff decisions. District court held that a school board could not use racial diversity as an "educational goal" or as a justification for an affirmative action plan granting racial preferences in layoffs where there was no evidence of past bias against racial minorities.
Taft-Hartley Act
Labor Management Relations Act of 1947 (Danny Glover wildcat jersey refusing Nina Hartley gangster to join union) prohibited jurisdictional strikes, wildcat strikes, solidarity or political strikes, secondary boycotts, secondary and mass picketing, closed shops, and monetary donations by unions to federal political campaigns. non-communist affidavits, states allowed to pass right-to-work laws that outlawed closed union shops. the executive branch strikebreaking injunctions
Retirement Equity Act 1984
Lowered age limits on participation and vesting in pension benefits; required written spousal consent to not provide survivor benefits; restricted conditions placed on survivor benefits
Needlestick Safety and Prevention Act 2000
Mandated recordkeeping for all needlestick and sharp injuries; required employee involvement in developing safer devices
Crown Cork and Seal Company
NLRB decision that lifted some of the restrictions on the employer's use of employee participation committees.
Oil Capitol Sheet Metal, Inc.
NLRB decision that provides employers some relief in salting cases by announcing a new evidentiary standard for determining the period of back pay; requires the union to provide evidence that supports the period of time it claims the salt would have been employed.
NLRB vs Epilepsy Foundation of Northeast Ohio 2000
NLRB extended Weingarten rights to nonunion employees by allowing them to request a co-worker to be present during an investigatory interview that could result in disciplinary action
Electromation, Inc., vs NLRB
NLRB held that action committees were illegal "labor organizations" because management created and controlled the groups and used them to deal with employees on working conditions in violation of the NLRA.
NLRB vs IBM Corp 2004
NLRB reversed its 2000 decision in Epilepsy, withdrawing Weingarten rights from nonunion employees
Dana Corporation/ Metaldyne Corporation
NLRB ruling that a recognition bar, which precludes a decertification election for 12 months after an employer recognizes a union, does not apply when the recognition is voluntary, based on a card check.
Toering Electric Company
NLRB ruling that an applicant for employment must be genuinely interested in seeking to establish an employment relationship with the employer in order to be protected against hiring discrimination based on union affiliation or activity; creates greater obstacles for unions attempting salting campaigns.
NLRB vs Weingarten, Inc.
On June 15, 2004, NLRB ruled by a 3-2 vote that employees who work in a nonunionized workplace are not entitled to have a coworker accompany them to an interview with their employer, even if the affected employee reasonably believes that the interview might result in discipline. This decision effectively reversed the July 2000 decision of the Clinton board, which had extended rights to nonunion employees.
Health Insurance Portability and Accountability Act 1996
Prohibited discrimination based on health status; limited health insurance restrictions for preexisting conditions; required a Certificate of Group Health Plan Coverage upon plan termination.
Immigration Reform and Control Act 1986
Prohibited employment of individuals who are not legally authorized to work in the US; required I-9's for all employees
Privacy Act 1974
Prohibited federal agencies from sharing information collected about individuals
Employee Polygraph Protection Act 1988
Prohibited the use of lie detector tests except under limited circumstances
Genetic Information Nondiscrimination Act 2008
Prohibits employment discrimination on the basis of genetic information. Prohibits employers from requesting, requiring, or purchasing genetic information and describes exceptions.
Uniformed Services Employment and Reemployment Rights Act 1994
Protected the reemployment and benefit rights of reservists called to active duty
Energy Employees Occupational Illness Compensation Program Act 2000
Provided compensation for employees and contractors subjected to excessive radiation during production and testing of nuclear weapons
Consolidated Omnibus Budget Reconciliation Act 1986
Provided continuation of group health coverage upon a qualifying event
Vietnam Era Veterans Readjustment Assistance Act 1974
Provided equal opportunity and assistance for Vietnam veterans
Small Business Regulatory Enforcement Fairness Act 1996
Provided that an SBA ombudsman act as an advocate for small business owners in the regulatory process
Small Business Job Protection Act 1996
Redefined highly compensated individuals; detailed minimum participation requirements; simplified 401(k) tests; corrected qualified plan and disclosure requirements
Tax Reform Act 1986
Reduced income tax rates and brackets
Illegal Immigration Reform and Immigration Responsibility Act 1996
Reduced number and types of documents to prove identity
Unemployment Compensation Amendments 1992
Reduced rollover rules for lump-sum distributions of qualified retirement plans; required 20% withholding for some distributions
Worker Adjustment and Retraining Notification Act 1988
Required 60-days notice for mass layoffs or plant closing; defined mass layoffs and plant closings; identified exceptions to requirements
Congressional Accountability Act 1995
Required all federal employment legislation passed by Congress to apply to congressional employees
Fair Credit Reporting Act 1970
Required employers to notify candidates that credit reports may be obtained; required written authorization by the candidate and that the employer provide a copy of the report to the candidate before taking an adverse action
Personal Responsibility and Work Opportunity Reconciliation Act 1996
Required employers to provide information about all new or rehired employees to state agencies to enforce child support orders
Drug-Free Workplace Act 1988
Required federal contractors to develop and implement drug-free workplace policies
Mental Health Parity Act 1996
Required insurers to provide the same limits for mental health benefits that are provided for other types of health benefits
Immigration Act 1990
Required prevailing wage for holders of H1(b) visas; set H1(b) quotas
Family and Medical Leave Act 1993
Required qualifying employers to provide 12 weeks of unpaid leave to eligible employees for the birth/adoption of a child or to provide care for defined relatives with serious health conditions or to employees unable to perform job duties due to serious health conditions
Americans with Disabilities Act 1990
Required reasonable accommodation for qualified individuals with disabilities
Albemarle Paper vs Moody 1975
Required that employment tests be validated; subjective supervisor rankings are not sufficient validation; criteria must be tied to job requirements
Pregnancy Discrimination Act 1978
Required the pregnancy be treated the same as any other short-term disability
Regents of University of California vs Bakke
Reverse discrimination not allowed; race, however, can be used in selection decisions; affirmative action programs permissible when prior discrimination established.
Omnibus Budget Reconciliation Act 1993
Revised rules for employee benefits; set maximum deduction for executive pay at $1 million; mandated some benefits for medical plans
Kolstad vs American Dental Association
Ruled that the availability of punitive damages depends on the motive of the discriminator rather than the nature of the conduct.
National Energy Efficiency Act 1992
Set maximum transit subsidy at $60 per month for employees; limited tax-free parking benefits to $155 per month
Johnson Controls
Supreme Court held that decisions about the welfare of future children must be left to the parents who conceive, bear, support, and raise them rather than to the employers who hire their parents.
Pennsylvania State Police vs Suders
Supreme Court held that in the absence of a tangible employment action, the Ellerth/Faragher affirmative defense is available in a constructive discharge claim to an employer whose supervisors are charged with harassment.
Meritor Savings Bank vs Vinson
Supreme Court held that sexual harassment that alters an individual's terms and conditions of employment violates Title VII of Civil Rights Act. Court also ruled that common-law principles should be applied to guide lower courts in determining employer liability. How these principles are to be applied was later defined in Faragher and Ellerth.
United Steelworkers vs Weber
Supreme Court ruled that the affirmative action plan did not violate Title VII since it included voluntary quotas.
Johnson vs Santa Clara County Transportation Agency
Supreme Court ruled that the county was justified in giving a job to a woman who scored two points less on an exam than a man; county had an affirmative action plan that was flexible, temporary, and designed to correct the imbalance of white males in the workforce.
Grutter vs Bollinger and Gratz vs Bollinger
Supreme Court ruled that the diversity of a student body is a compelling state interest that can justify the use of race in university admissions as long as the admissions policy is "narrowly tailored" to achieve this goal; University of Michigan did not make this showing for its undergraduate program, but the law school admissions program satisfied this standard
General Dynamics Land Systems, Inc., vs Cline
Supreme Court ruled that the federal age discrimination law does not protect younger workers— even if they are over 40—from workplace decisions that favor older workers.
City of Richmond vs J. A. Croson Company
Supreme Court ruled that the rigid numerical quota system was unconstitutional; city had not laid proper groundwork and had not identified or documented discrimination.
IBP, Inc., vs Alvarez
Supreme Court ruling that all time spent donning or doffing unique safety gear is compensable and that the FLSA requires payment of affected employees for all time spent walking between changing and production areas.
Velazquez-Garcia vs Horizon Lines of Puerto Rico 2007
The burden of proof that a termination was not related to military service is on an employer when an employee protected by USERRA is laid off
Sarbanes-Oxley Act 2002
To improve quality and transparency in financial reporting, to increase corporate responsibility and the usefulness of corporate financial disclosure, and to establish and maintain an adequate internal control structure and procedures for financial reporting
Railway Labor Act
1926 (Bruce Springsteen prevents strike when hurricane Sandy hits NJ) Protected unionization rights; allowed for 90-day cooling off period to prevent strikes in national emergencies. Covers railroads and unions
Bureau of Labor Statistics
1869 (Sir Isaac Newton studying accident records) Established to study industrial accidents and maintain accident records
Payne vs The Western & Atlantic Railroad Company
1884 (Hilary Duff painfully working railroad) Defined employment at will
Sherman Anti-Trust Act
1890 (Nancy O'Dell getting impala painted purple at Sherman Williams) Controlled business monopolies; allowed court injunctions to prevent restraint of trade. Used to restrict unionization efforts
Clayton Act
1914 (Annie Duke guarding Western Union armored car from Nancy O'Dell) Limited the use of injunctions to break strikes; exempted unions from the Sherman Act
Executive Order 13152 - 2000
Added 'status as a parent' to protected classes in Executive Order 11246
Burlington Northern Santa Fe Railway vs White 2006
All retaliation against employees who file discrimination claims is unlawful under Title VII, even if no economic damage results
Civil Rights Act 1991
Allowed compensatory and punitive damages; provided for jury trials; established defenses to disparate impact claims
Older Worker Benefit Protection Act 1990
Amended ADEA to prevent discrimination in benefits for workers 40 years of age and older; added requirements for waivers
Pension Protection Act 2006
Amends ERISA financial obligations for multiemployer pension plans; changes plan administration for deferred contribution plans
Davis vs O'Melveny & Myers 2007
Arbitration clauses in employment agreements will not be enforced if they are significantly favorable to the employer and the employee does not have a meaningful opportunity to reject the agreement
Guidelines on Sexual Harassment 1980
Assisted employers to develop antiharassment policies, establish complaint procedures, and investigate complaints promptly and impartially
Executive Order 13201 2001
Beck Notice: Employers are required to post notice advising employees of their legal right to withhold any part of their union dues that does not relate to collective bargaining, contract administration, or grievance adjustment. Applies to federal contractors and subcontractors
Phason vs Meridian Rail 2007
When an employer is close to closing a deal to sell a company, WARN Act notice requirements are triggered by the number of employees actually employed and the number laid off on the date of the layoff, even if the purchasing company hires some of the employees shortly after the layoff